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(영문) 의정부지방법원 2016.08.16 2016노936 (1)
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unreasonable for the lower court’s punishment (defendant A, B, C, and D: each of the fines of KRW 5 million; and Defendant F: fine of KRW 2 million).

2. Determination

A. It is recognized that Defendants A, B, C, and D1 were led to the confession of and against the instant crime, and that the injured party did not want to punish the Defendants by agreement with the injured party, and that Defendant A, B, and C should consider equity with the case where the judgment of each original judgment becomes final and conclusive, and at the same time consider equity with the case where the judgment is rendered.

2) However, in full view of the following circumstances: (a) the Defendants acquired the volume of KRW 10 million from the victim by deception; (b) the Defendants were not guilty; (c) Defendant A was punished for a suspended sentence due to fraud; (d) there was no change in circumstances following the sentence of the lower judgment; and (e) other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the Defendants’ age, details of the crime, and circumstances after the crime, etc., even if considering the favorable circumstances to the Defendants, the lower court’s punishment is too unreasonable, even if considering the aforementioned circumstances favorable to the Defendants.

Therefore, the above assertion by the Defendants is without merit.

B. Defendant F1) It is recognized that the Defendant is against the Defendant’s confession while committing the instant crime.

2) However, in full view of the following circumstances: (a) the physical card that the Defendant acquired in collusion with the name-free boxes, etc. was used for the crime of fraud; (b) the nature of the crime was bad; (c) there were many records of criminal punishment against the Defendant; (d) there was no change of circumstances after the pronouncement of the lower judgment; and (e) other various circumstances that form the conditions for sentencing specified in the pleadings of the instant case, such as the Defendant’s age, circumstances surrounding the crime, and circumstances after the crime, the lower court’s sentence

Therefore, the defendant's above assertion is without merit.

3. Accordingly, the Defendants’ appeal is without merit.

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